Non-solicitation agreements

Restrict approaching customers, suppliers or colleagues after leaving, with each limit written out.

Limit poaching clients or staff after someone leaves.

  • Business / Legal document

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Key features

  • Four separate restrictions

    Not approaching customers, not persuading customers to leave or cut back, not approaching suppliers, and not recruiting colleagues, each with its own period.

  • Who counts

    Blanks to define the customers, suppliers and people covered, for example those the employee personally dealt with before leaving.

  • What the employee remains free to do

    Dealing with someone who approaches them unprompted where agreed, working for a competitor, responding to public advertisements and giving a reference.

  • Asking whether something is allowed

    The employee may ask in writing, and the employer answers within a time you write in and may confirm in writing whether a particular person is caught.

  • Scope, other obligations and breach

    The intention that it go no further than needed, how it sits with the confidentiality and competition documents, a warning letter before action and a review if the role changes.

About this document

A non-solicitation agreement records what an employee agrees not to do about the employer's customers, suppliers and colleagues after they leave. It has separate sections for approaching customers, taking business away, approaching suppliers and recruiting colleagues, each with a blank period and a description of who is covered.

This blank form is completed by hand and signed by both sides. It lists what the employee remains free to do, such as responding to a public advertisement, and a way to ask whether something is allowed. Whether such restrictions are enforceable, and to what extent, varies by state and by the facts, and some places restrict them. The form says a court decides scope, so take legal advice.

Is this document right for you?

Useful when

  • You want to protect customer and team relationships without a full non-compete
  • You are an employee asked to sign one and want the limits clear
  • An employee's role involves close customer contact

Commonly used by

  • Employers
  • Sales and client-facing employees
  • Professional services firms

Not sure? about your situation first.

Alternatives

When to use this

  • An agency restricts a departing account manager from approaching clients
  • A firm protects its team from being recruited away
  • An employee asks whether a particular contact is covered

What happens next

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Questions

About the non-solicitation agreements

  • It can be narrower, but whether any restriction is enforceable depends on the state and facts. Do not assume it is.

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